2012 NIGERIAN LAW SCHOOL BAR FINALS QUESTIONS AND ANSWERS IN PROPERTY LAW PRACTICE
COUNCIL OF LEGAL EDUCATION
NIGERIAN LAW SCHOOL
BAR PART II FINAL EXAMINATIONS
PROPERTY LAW PRACTICE
FRIDAY, 10TH AUGUST, 2012 TIME: 3HOURS
INSTRUCTIONS:
THIS PAPER IS DIVIDED INTO 2 SECTIONS AND 2 ANSWER BOOKLETS ARE PROVIDED. QUESTIONS 1 AND 4 ARE COMPULSORY. ONE OTHER FROM EACH SECTION SHOULD BE ATTEMPTED.
QUESTIONS FROM EACH SECTION SHOULD BE ANSWERED ON A SEPARATE ANSWER BOOKLET.
WRITE YOUR EXAMINATION NUMBER ON EACH ANSWER BOOKLET
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SECTION 1
QUESTION 1 (COMPULSORY)
Mr. Iyide Jones owes a house at 42 bourdilon Road, Ikoyi, Lagos State and a duplex at Ajeigbe Street, Ring Road, Ibadan, Oyo State. Mr. Iyide Jones has briefed Rafiu Ibom Esq to create a lease in respect of his property at Lagos and to deduce title to his duplex at Ajeigbe, Ibadan, and complete a mortgage between him and First Bank Plc, the mortgage sum being N40,000,000.
Mr. Rafiu Ibom Esq has negotiated a lease with Mr. Yahaya Tarima in respecct of the house at 42 Bourdilon Road, Ikoyi for a period of 60 years with a down payment of five years rent in advance. The lease shall commence on the day the Lagos Island Local Government Council issued to the Lessor a Certificate of Occupancy in respect of the house.
Mr. Iyide Jones though happy that the property at 42 bourdilion Road is to be leased to Mr. Yahaya Tarima, is very concerned about his reversionary interest and is considering having a say about the use of the property, the type of person in occupation at all times, the state of the hosue when it is handed over at the expiration of the lease and in the case of a fire outbreak, how he would be protected. The lease sum is N5,000,000.00.
Answer the following questions:
a. (i) What document(s) would you advise Rafiu Ibom Esq to produce to deduce title to the duplex at Ibadan?
(ii) for how many years should a good root of title date in Oyo State?
(iii) State two places where a search may be conducted in respect of the property at Ibadan?
b. (i) How may a mortgage be created in respect of the property at Ibadan? Assuming the mortgage was in respect of the house in Lagos State, how would the mortgage be created?
(ii) List three rights available to First Bank Plc if Mr. Iyide Jones defaults under the mortgage.
(iii) Compute the professional fees of Rafiu Ibom in respect of the lease of the house in Lagos State using the following scale.
TRANSACTION CONDUCTED FOR THE FIRST N1000 PER N100 FOR THE 2ND AND 3RD N1,000 PER N100 FOR THE 4TH AND SUBSEQUENT N1,000 TO N20,000 PER N100 FOR THE REMAINDER WITHOUT LIMIT
VENDORS LEGAL PRACTITIONER FOR DEDUCING TITLE TO LEASE HOLD, PERUSING 7 COMPLETING LEGAL DOCUMENTATION AS IN PART II N225.00
N22.50
N11.25
N5.00
c. (i) State three covenants that Rafiu Ibom Esq. should insert in the lease to alleviate the fears of Mr. Iyide Jones. Draft the clauses State.
(ii) List four matters to be contained in a covenant to insure.
(iii) Assuming five years later Mr. Yahaya Tarima refuses to pay rent on the ground that the lease is invalid because it lacks a commencement date, comment on the validity of this assertion.
QUESTION 2
Chukwudifu Amadi, a medical doctor of 71, Bwari Road, Bwari, Abuja has completed negotiations with Mr. Francis Emeka and his wife, Mrs. Franca Emeka, of Plot 1574 Gwarinpa Estate, Gwarinpa, Abuja, to buy the couples three (3) bedroom bungalow covered by a Certificate of Occupancy dated 15th March, 2001 and registered as 51/51/1551 at the AGIS Office, Abuja and located at 51, Ironsi Street, Maitama, Abuja for N200 million.
Dr. Amadi wants to use the property for his medical practice Mother and Child Hospital Limitedand he wants the relevant document in respect of the transaction to be in the name of his hospital.
He has engaged the services of Anslem Ubong, who was Called to the Bar on the 14th of February 2012 to act for him and he wants the transaction to be concluded speedily.
a. (i) Assuming you are Anslem Ubong, whose office is at 277, Dutse Alhaji road, Kubwa, Abuja and Dr. Amadi wants your advice on the following. Why he should enter into a contract before the conveyance (list any three reasons).
(ii) The steps involved in Perfecting his title.
(iii) The options available to you in charging your fees.
(iv) Write a LETTER to your client, explaining all the above points to him.
b. Draft the introductory part (without recitals) of the document to be executed by the parties.
c. Alhaji Biu Salim wants to secure a loan of N50 million he took from Union Bank Plc at Bauchi, accompanied by a Memorandum of Deposit. The bank has requested for your advice on the following:
i The legal measures it should take at the creation of the mortgage to ensure that if Alhaji Salim defaults, the Bank would be able to sell the property and pass good title without recourse to the courts.
ii Assuming the property is in Abeokuta, Ogun State and Alhaji Salim is confused as to the best mode to adopt in creating a legal mortgage adopt the option of charge by deed expressed to be by way of legal mortgage rather than by sub-demise.
iii State the mode of discharging the mortgage created in (i) above and the hardship the mode of discharge may create on him.
QUESTION 3
Prince Olowo Douglas owns series of properties in Ibadan, Kaduna and Ikoyi, Lagos. He employed the services of John Black, an Estate Agent to manage his properties in Ibadan and Kaduna. As part of the instructions given by Prince Olowo to John Black, he authorised John Black to maintain and lease out his semi-detached duplex at No. 8, Iyaganku Street, Ibadan for the sum of N1million per year and to do any other reasonable thing he as owner would have done.
Prince Douglas took a loan of N250 million from Apex Bank Plc, Lagos, using his house at No. 14, River Lane, Ikoyi, Lagos as security for the loan.
i Identify the various transactions in this scenario.
ii How may you distinguish the transaction with the Apex Bank Plc from the others.
iii As a Solicitor to the bank, what are your initial obligations to the bank before the transaction can be concluded?
iv How can a mortgage be created from the perspective of this scenario?
v As a Solicitor to the mortgagor, explain the necessity or otherwise for Governors consent.
vi At the conclusion of the Mortgage transaction, assuming the Bank manager told the Mortgagor on behalf of the Mortgagee that; this Mortgage is as good as a sale, how would you react to this assertion?
SECTION 2
PLEASE USE ANOTHER BOOKLET FOR THIS SECTION
QUESTION 4 IS COMPLULSORY. ONE OTHER QUESTION FROM THIS SECTION SHOULD BE ATTEMPTED.
QUESTION 4 (COMPULSORY)
Dr. Edo Wale (49 years old) of 12, Mundus Street, Ikeja, Lagos, has just instructed you to prepare his last Will. He intends to distribute his properties as follows:-
1. Property at 50, Awolowo Road, Ikoyi, Lagos to Prof. Dukas Wale of 22, Park Avenue, Ikeja, Lagos.
2. A sum of N5 million annually for ten years to the Blessed Motherless Babies Home of 40, Abor Street, Wuse Ii, Abuja.
3. A sum of N15 million to my wife, Mrs. Adaku Wale
4. Remainder of my estate to be shared equally among my children.
5. Witnesses to the Will (a) Alhaji Musa Okafor and (b) Mr. Duru Mogaji
6. Executors of the Will (a) Mrs. Adaku Wale (my wife); (b) Manuwa Okoro (60 years old) and (c) Jide Baba who currently resides in the United States of America.
7. Bungalow at Awolowo Way, Ikeja, Lagos to mr. Tolu Abak.
Answer the following questions:
(a) Advise Dr. Edo Wale on the (legal) implications of the following supporting your answers with authorities
i. Absence of clause (4) above in the Will
ii. Inclusion of Manuwa Okoro and Jide Baba as executors of the Will.
iii. Failure to locate the property gift in clause (7) above after Dr. Edo Wales death.
(b) (i) Draft the testimonium, execution and attestation clauses to be inserted into the Will.
(ii) Identify the nature of the gift in clause (2) above and comment briefly on the steps the executors would need to take to ensure this gift is adequately managed.
(iii) State the options available to Dr. Edo Wale in executing his Will.
(i) Mention four places Dr. Edo Wales Will may be kept for safe custody.
(c) Assuming Dr. Edo Wale is now dead and the executors have applied for probate but some of his children intend to challenge the application for probate, advice on the following:-
i. The likely grounds for opposing application for probate.
ii. The steps they need to take to register their opposition to the probate application.
iii. Mentioned the document the executors would need to execute to transfer title to the gift in clause (1) of the Will to the beneficiary and state the conditions the document mentioned must satisfy to be valid and effective.
iv. Assuming the executors of Dr. Edo Wales Will have engaged your services as solicitor to the estate, state two professional and ethical responsibilities you have in the circumstances under the Rules of professional conduct.
QUESTION 5
Due to his desire to sponsor his childs education in London, Mallam Yellow Bature decided to lease his 2-storey building at No. 8, Wuse Road, Kaduna. He has been approached by one Nicodemus Maikudi to lease the property for a period of five years. Nicodemus Bature wants the lease to be silent on subletting. Mallam Bature has asked you, his solicitor, to come to his house in order to retain your services in representing him in the transaction.
(a) What particulars would you need to obtain from Mallam Bature to prepare a valid lease?
(b) Advise Mallam Bature on the legal implications of a lease that is silent on subletting.
(c) If you were solicitor to Nicodemus, how would you ensure that he has the opportunity of remaining in possession of the property beyond the first term of the lease?
(d) Assuming the transaction was not a lease, but a sale of the property from Bature to Nicodemus for a sum of N10 million, why would you as solicitor to Nicodemus advise him to first enter into a contract of sale with Bature.
(e) Draft the operative part of a conveyance in which Bature conveys the property as beneficial owner to Nicodemus.
(f) Comment on the properity of you as a solicitor in going to your clients house to receive instruction.
QUESTION 6(A)
Prof. James Omuh, a renowned Professor of Political Science had to abruptly abandon the transaction concerning the leasing of his four bedroom duplex at No. 6, Kwame Crescent, Asokoro , Abuja. He picked up an appointment as a member of the United Nations Conflict Resolution Committee with respect to the internal crises at the newly created State of South Sudan and is required to resume immediately. He is for the time being stationed in Yuba, south Sudan. He is however, at a loss on what to do with respect to leasing out his said property for a term of four years since he will be out of the country for the next nine (9) months.
With the aid of relevant authorities, answer the following questions:
(a) What instrument would you advise he executes to enable him conclude the lease transactionwith respect to his property in his absence?
(b) Draft the following portions of the document you have advised him to execute.
i Commencement
ii Execution clause and attestation.
iii Explain the circumstances that will determine the duration of the document you have advised Prof. James Omuh to execute.
QUESTION 6(B)
Chief Dalyop Nicholas bought 7 acres of land at Jos North Local Government Area from the Gbong Gwam Jos for N10 million. He expended the sums of N1 million for the perfection of the sale transaction and N30 million on the Four Star Hotel built on the land for tourist visiting the Games Reserve some five (5) Kilometers away from the Hotel.
With the aid of relevant authorities, answer the following questions:-
(a) What taxes are Chief Dalyop Nicholas required to pay?
(b) List three (3) tax laws applicable to the transaction.
ROPERTY LAW PRACTICE
AUGUST 2012
ANSWERS
QUESTION 1 (a)
i) Abstract of Title, or epitome of Title and other relevant documents of the property.
ii) 30yrs as provided under the relevant provisions of the Property and Conveyance Law (PCL).
iii)
• Oyo State Land Registry, Ibadan
• Physical Inspection of the land
QUESTION 1 (b) (i)
Ibadan is covered by PCL and the ways of creating a Legal Mortgage under the PCI are:
• By Sub-demise
• By Legal Charge
Legal mortgage on the house in Lagos State will be created by executing RTL Form 5
QUESTION 1 (b) (ii)
• Right to sell the property where the said right has arisen and becomes exercisable
• Right to order of foreclosure
• Right to Court action to recover the principal sum and the interest
• Right to appoint a receiver
• Right to take possession of the property
QUESTION 1 (b) (iii)
For the first 1000
1000 x 225,00
100
=2,250.00
For the 2nd and 3rd 1,000
2000 x 11.50
100
=450.00
For the 4th and subsequent N1000 to 20,000
17,000 x 11.25
100
N1,912.50
For the remainder without limit 4,980,000 x 5.00
100
=249,000
The professional fees of Rafu Ibom
2,250.00
+450.00
+1,912.50
+249,000.00
253,612.50
QUESTION 1 (c) (i)
1. Covenant to use — To use the demise premises for residential purposes only
2. Covenant on assignment v —— Not to assign, sublet or part with possession of the demises premises or any part of it without the written consent of the lessor such consent not to be unreasonably withheld in respect if a reasonable and respectable person
3. Covenant to repair — to carryout repairs on the demised premises from time to time as the need arisen and shall charges the cost of repair on the rent
4. Covenant to insure —— to undertake a comprehensive Insurance Policy against fire outbreak on the demise premise and consequently charge the Insurance money on the rent.
5. Covenant to play all rates, charges and outgoings —- to pay all rates charges and outgoings in respect of the demised, payable now or subsequently introduced
QUESTION 1 (c) (ii)
1. Amount of cover
2. Who to insure
3. The risks to be insured against
4. Application of the Insurance money
5. Name of insurance company
QUESTION 1 (c) (iii)
One of the essential clements of a valid lease is that there must be certainty of duration/term. In other words, as long as parties have agreed to the time when the lease will commence, it is binding on them as long as such agreement is not vitiated by fraud. In the instant case, the parties agreed that the lease shall commence on the day the Lagos Island Local Government Council Issues to the Lessor a certificate of occupancy in respect of the house and ends 60 years later and as such, the lease is valid. Bosah v Oji, Okechukuru v Onuora
QUESTION 2 (a) (i)
Advantages of entering into contract before convenaye
1. The death of either party to the transaction does not terminate the contract if a formal contract is executed as their personal representatives can proceed with the transaction and complete the sale
2. Non of the parties can withdraw from the contract in the last minute without being liable for breach of the terms of the contract.
3. It is easier to enforce the terms of the contract since everything is expressly stated in their agreement.
4. The vendore cannot unilaterally and subsequently increase the purchase price neither can the purchaser reduce the price that he had already agreed to pay
5. Fixtures and fittings may be transferred under a formal contract and nneed not be reflected in the deed of conveyance of the land or property.
6. The position and rights of the parties are express and not implied.
QUESTION 2 (a) (ii)
• Obtaining of Governors Consent
• Stamping
• Registration of the deed at the Land Registry
QUESTION 2 (a) (iii)
The options available to me in charging my fees are:
• Scale fees
• Fixed fees
• Percentage fees
• Contingency fees
• Hourly fees
QUESTION 2 (a) (iv)
Letter Writing:
ANSLEM UBONG & CO
227, Dutse Alhaji Road Kubwa, Abuja, FCT
Phone No: +2348022445566 Email: Anslemuboy@yahoo.com
Our Ref:________________ Your Ref:___________________
10th August, 2012
Dr. Chukwadifu Amadi
71, Bwari Road, Bwari
Abuja, FCT
Sir,
DETAILS YOU SHOULD KNOW IN RESPECT OF THE PROPERTY
YOU INTEND TO PURCHASE
The reasons why you should enter into a contract before the conveyance are:
1. The death of any of you once the contract is concluded does not bring the contract to an end
2. Non of you is permitted under the law to opt out of the contract after it has been concluded and deposit paid
3. The position right and obligation of the parties are expressly stated in the contract paper not implied.
The steps involved in perfecting your title are: You obtain Governors Consent after which you go for stamping and then go for registration at the Land Registry.
The options available to me in charging my fees are:
• Scale fees
• Fixed fees
• Percentage fees
• Contingency fees
• Hourly fee
I hope I have given you enough information to enable you make up your mind on the transaction.
Thank you sir.
Yours faithfully,
____________________
ANSLEM UBONG (SAN)
PRINCIPAL PARTNER
QUESTION 2 (b)
THIS DEED OF ASSIGNMENT made this 10th day of August, 2012 BETWEEN MR. & MRS. FRANCIS/FRANKA EMEKA of plot 1574 Gwarimpa Estate, Gwarinpa, Abuja (VENDOR) of the first part AND MOTHER AND CHILD HOSPITAL LIMITED of 71 Bwari Road, Bwari Abuja. (PURCHASER) of the second part.
QUESTION 2 (c) (i)
There are two options in creating the mortgage in order to ensure the bank is able to sell in case of default without recourse to the courts:
(1) The Bank SHOULD ensure that the Mortgage to be created is a legal Mortgage and it must be created by assignment and that is the only way to create a Legal Mortgage if the bank wants to sell the property once their right to sell has arisen and becomes exercisable without recourse to the Court.
(2) Create the mortgage by sub-demise and ensure any one or two of the remedial devices is inserted in the mortgage Deed —- Power of Attorney Clause or Trust Declaration Clause
QUESTION 2 (C) (ii)
The reasons why I will advise him to adopt the option of charge by deed express to be by way of Legal Mortgage rather than by sub-demises are:
• It is very simple and short to create
• It is discharged by a simple statutory receipt and not by a deed of release.
• It does not amount to a breach of a covenant in a lease against assignment and subletting, because the charge creates no actual sub-lease in favour of the Mortgagee, but only gives him rights as if he has a sub-lease.
• It is a convenient ways of Mortgaging freeholds and leasehold together because the mortgage terms are not stated, but the properties are listed in the schedule with a statement that they are charged by way of a legal charge.
• It is nott a breach of the covenant against assignment and subletting
• It is very useful when borrower is charging several properties
QUESTION 2 (c) (iii)
The mode of discharging the mortgage created in (i) above is by executing a Deed of Release or a Deed of Surrender. The hardship this mode of discharge may create is that it is too cumbersome to discharge as the normal process of executing a deed and registration is also involved unlike discharge by mere statutory receipt.
QUESTION 3 (i)
The transactions include:
(1) Power of Attorney
(2) Lease
(3) Mortgage
QUESTION 3(ii)
The transaction with Apex Bank PLC is required to be made by Deed while the power of Attorney and the Lease need not be by Deed because the term of the lease is just one year which is not required to be by Deed and as such the power of Attorney to create the lease also need not be by Deed.
QUESTION 3(iii)
To conduct due diligence on the said property to be sure that it is not encumbered.
QUESTION 3 (iv)
By Executing RTL form 5
QUESTION 3(v)
Where there is lack of Governors Consent in a mortgage transaction, it means that the mortgage is an equitable mortgage and as such, the mortgagee can not sell the property if the mortgagor defaults in redeeming the mortgage except instituting action for damages which will definitely take a longer period.
QUESTION 3 (vi)
One of the basic rights of a Mortgagor is his equity of redemption. This means that the right of the Mortgagor to redeem the Mortgage is always available even when his legal and equitable rights to redeem have expired except where he fails to act on time because delay defeats equity. Any agreement or clause in the mortgage Deed that will or tends to put a clog on the wheel of equity of redemption of the Mortgagor renders the Mortgage invalid, thus once a Mortgage always a Mortgage. In the instant case the statement of the manager is an impediment on the right of the Mortgagor and as such renders the Mortgage invalid.
QUESTION 4 (a)
i) Clause 4 is on residuary gift and the legal consequences of a will that fail to provide for a residuary clause is that it creates a partial intestacy. This mean that the testator dies leaving a Will in respect of some matters and no Will in respect of other matters. The implication is that the executors must exercise due care and diligence while the residuary remains unascertained. RE TANKARD, TANKARD V MIDLAND BANK EXECUTOR AND TRUSTEES CO. LTD. Also the residuary legatee is not entitled to any particular assets in the estate of the deceased until the residue is ascertained. Lord Sudeley V.A.G. Also, the executor must apply for letters of Administration to be able to administer the residuary estate.
ii) Some of the quanlities of a person to be appointed as a personal representative are:
• The person must be willing and available
• He should also be younger than the deceased and have capacity to manage the estate.
In the instant case, the inclusion of Manuwa Okoro who is 60 years old, 11 years older than the deceased is not advisable. Also the inclusion of Jide Baba who currently resides in the United State of America as it is obvious that he will not be available to perform the task is not advisable either.
iii) The effect of a specific gift is that where the gift cannot be located after the death of the testator, the gift is said to have adeemed. In other words, specific gifts are subject to ademption and once it happens that way, the beneficiary loses out except if the testator makes provision for an alternative gift. In the instant case, failure to locate the property in clause 7 means that Mr. Tolu Abak has lost the gift because it has adeemed.
QUESTION 4 (b) (i)
Testimonium
IN WITNESS of which I the testator has executed this Will in the manner below the day and year first above written.
Execution Clause
Signed By____________
DR. EDO WALE
In the joint presence of the following, who also subscribed to the Will in the presence of the testator:
Attestation Clause
IN THE PRESENCES OF:
Name : ___________________________________
Address: __________________________________
Occupation: _______________________________
Signature: __________________________________
Name : ___________________________________
Address: __________________________________
Occupation: _______________________________
Signature: __________________________________
QUESTION 4 (b)(ii)
The gift in clause (2) is general pecuniary gift. The steps the executors would take is to apply for and obtain probate so that the estate can be properly managed under the supervision of the Probate Registrar.
QUESTION 4 (b)(iii)
i) Dr. Edo Wale may personally sign the Will in the presence of at least two (2) witnesses, who must be present at the same time, and who must each attest the will in the presence of the testatrix but not necessarily in each other`s presence; or
ii) Where he has pre-signed the Will, he can personally acknowledge her signature in the presence of at least two (2) witnesses, who must be present at the same time, and who must each attest the will in the presence of the testatrix but not necessarily in each other`s presence; or
iii) He can delegate another person to sign the Will for her, but the signing must be done in the presence of the testatrix and at least two (2) witnesses, who must be present at the same time, and the witnesses must each attest the will in the presence of the testatrix but not necessarily in each other`s presence
QUESTION 4 (b)(iv)
At the Bank
At the Probate Registry
With the Legal Practitioner
In a safe inside his house.
With a Trusted younger friend or relative
QUESTION 4 (c) (i)
The likely grounds for opposing and application for probate are:
(a) That the testator did not make any Will
(b) That the testator did not have testamentary capacity as at the time of giving instruction.
(c) That the Will was not duly executed, i.e either the number of witnesses fall short of two or that the signature is not the testators signature
(d) That the Will was revoked during the lifetime of the testator
(e) That the Will was attested by a beneficiary etc.
QUESTION 4 (c) (ii)
They will file a caveat at the Probate Registry in Form 3 if they are filing by themselves or in Form 4 if they are filing through their Legal Practitioner.
Upon service of the caveat on the applicants, the applicants shall file a citation to be served on the caveators to appear within 3 months before the Probate Registrar to show cause why probate should not be granted to the applicants Dan Jumbo V. Dan Jumbo.
QUESTION 4 (c) (iii)
The document to be executed is an Assent.
The conditions it must satisfy to be valid and effective are:
• It must be in writing
• It must be signed by the Personal Representatives
• It must name the person in whose favour the gift is made
• It must give a vivid desorption of the property.
QUESTION 4 (c) (iv)
• Duty to be dedicated and devoted to the course my client
Rule 14 RPC
• Duty to represent them competently
Rule 16 RPC
• Duty not to allow my personal interest to conflict with the interest of my clients
Rule 17 RPC
QUESTION 5 (a)
• The full particulars of the Lessor
• The full particulars of the Lessee
• The full description of the property
• The covenants he intend to insert in the lease agreement
• The title documents of the property for reference purposes in describing the property in the lease documents.
QUESTION 5 (b)
Where there is no express agreement on subletting, the lessee can sublet without the consent of the Lessor. This is because even at common law, the Lessor is not permitted to place a ban on the lessee from subletting.
QUESTION 5 (c)
By ensuring that a covenant is inserted in the lease agreement that will give the lessee opportunity to renew the rent from time to time (Rent Review Clause)
QUESTION 5 (d)
• So that the purchaser can protect himself by having more time to investigate the title of the vendore before the execution of a deed of conveyance.
• So as to ensure that the contract will pull through even upon death of any of the parties.
• So that all the terms expressly agreed on will be easy to enforce in case of any breach.
• So that non of the parties can withdraw from the transaction without being liable for breach of contract.
• So as to agree on the nature of the initial payment whether a deposit or a part payment.
QUESTION 5 (e)
NOW THIS WITNESSES AS FOLLOWS:
Subject to the express agreement by the parties and in consideration of the sum of N10,000,000.00 (Ten Million Naira Only) paid by the purchaser to the vendor the receipt of payment which the Vendor hereby acknowledges, the Vendor being the Beneficial Owner of the 2-storey building stituate at No. 8, Wuse Road, Kaduna, hereby CONVEYS or TRANSFERS to the purchaser ALL THAT property as described above TO HOLD unto the purchaser for the remaining of the unexpired residue of the term of years in the certificate of occupancy in accordance with the Land use Act, 1978.
QUESTION 5 (f)
Under the relevant provisions of the Rules of Professional Conduct for Legal Practitioners, it is professionally unethical for a Legal Practitioner to call at a clients house to receive instruction except if the client is either sick, or he is of extreme old age, or he is a family member, or outside the country. In the instant case, non of the exceptions is reflected in the scenario and as such, it is ethically wrong for me to go to Mallam Batures house to accept brief from him, he should come to my office.
QUESTION 6 (A)
a) I would advise him to execute a Power of Attorney
QUESTION 6 (A)
i) BY THIS POWER OF ATTORNEY
ii) (SIGNED, SEALED and DELIVERED by the within named DONOR
____________________
PROF. JAMES OMUH
IN THE PRESENCE OF:
NAMES:_______________________________
ADDRESS: ____________________________
OCCUPATION NOTARY PUBLIC_______
SIGNATURE: _________________________
OR
BEFORE ME
COMMISSIONER FOR OATHS
iii) The circumstances that will determine the duration of the document is whether the Donor will insert an irrevocability clause or not. If he inserts an irrevocability clause to make the Power of Attorney durable for just one year or 12 months then at the expiration of the term, the Power of Attorney shall automatically determine.
QUESTION 6 (B)(a)
• Stamp Duties
• Consent fees
• Registration Fees
QUESTION 6 (B)(b)
Tax laws applicable inckude:
• Stamp Duties Act
• Capital Gains Tax Act (CGTA)
• Personal Income Tax Act (PITA)
